This episode of the Cyberlaw Podcast is dominated by stories about possible cybersecurity regulation. David Kris points us first to an article by the leaders of the Cybersecurity and Infrastructure Security Administration (CISA) in Foreign Affairs. Jen Easterly and Eric Goldstein seem to take a tough line on "Why Companies Must Build Safety Into Tech Products." But for all the tough language, one word, "regulation," is entirely missing from the piece. Meanwhile, the cybersecurity strategy that the White House has reportedly been drafting for months seems to be hung up over how enthusiastically to demand regulation.
All of which seems just a little weird in a world where Republicans hold the House. Regulation is not likely to be high on the GOP to-do list, so calls for tougher regulation are almost certainly more symbolic than real.
Still, this is apparently the week for symbolic calls for regulation. David also takes us through an National Telecommunications and Information Administration (NTIA) report on the anticompetitive impact of Apple's and Google's control of mobile app markets. The report points to many problems and opportunities for abuse inherent in the two companies' headlock on what apps can be sold to phone users. But, as Google and Apple are quick to point out, the stores do play a role in regulating app security, so breaking the headlock could be bad for cybersecurity. In any event, practically every recommendation for action in the report is a call for Congress to step in – and thus almost certainly a nonstarter for reasons already given.
